This is a reminder that all telecommunications and interconnected VoIP providers must file an annual Customer Proprietary Network Information (“CPNI”) certification for calendar year 2019 by March 1, 2020.

The FCC’s CPNI rules protect the personal data that consumers disclose to their service providers as a result of their business relationships. The rules require providers to file an annual certification that documents (1) their compliance with the rules, (2) complaints they received from consumers regarding CPNI, and (3) actions they took against data brokers. If a telecommunications provider fails to comply with the rules or the certification requirement, then the Commission may impose a forfeiture of up to $204,892 for each violation and every day of a continuing violation, up to a maximum fine of $2,048,915.

As you may recall, the Enforcement Bureau released a detailed Public Notice last year, which contained frequently asked questions (FAQ), a draft CPNI certification template, and the full text of the CPNI rules. While we anticipate that the FCC will prepare a similar notice this year, it has not been published yet. We will circulate the updated Notice once it is released.

We do not expect the submission procedures to have changed from previous years, but in the event they have, we will notify you in a subsequent alert. Per last year’s guidelines, covered providers may file their certification online via the ECFS portal, under EB Docket No. 06-36. Filings must include the certification required under 47 CFR 64.2009(e) (using the FCC’s template), a written statement explaining how the company’s operating procedures ensure that it is or is not in compliance with the CPNI rules and a signed compliance certificate. If applicable, companies should also include an explanation of actions taken against data brokers and/or a summary of customer complaints.

Please be aware that because the March 1st deadline falls on a Sunday, providers have until the next business day, March 2, 2020, to file. To avoid any confusion or filing problems, we encourage providers to file by Friday, February 28, 2020.

Please Contact Us if you have any questions.